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Articles 31 - 49 of 49
Full-Text Articles in Disability Law
Making Accessible Futures: From The Capitol Crawl To #Cripthevote, Faye Ginsburg, Rayna Rapp
Making Accessible Futures: From The Capitol Crawl To #Cripthevote, Faye Ginsburg, Rayna Rapp
Cardozo Law Review
The article examines the evolving recognition and integration of disability rights in American society, emphasizing the transformative impact of the Americans with Disabilities Act (ADA) and the cultural shift towards inclusivity. It highlights the growing demographic presence of individuals with disabilities, the role of activism, and the importance of inclusive design and representation in media and politics. The authors argue that while significant progress has been made, ongoing advocacy is crucial to address persistent challenges and ensure the full recognition of disability as a valued aspect of human diversity.
"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin
"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin
Cardozo Journal of Equal Rights & Social Justice
The article critiques the teleological reasoning employed by judges in cases involving biologically-based evidence, particularly in mental disability law. It argues that judges often prioritize pre-determined outcomes over evidence, leading to decisions that neglect valid scientific data and violate the principles of therapeutic jurisprudence.
Alternatives To Immigration Detention, Fatma E. Marouf
Alternatives To Immigration Detention, Fatma E. Marouf
Cardozo Law Review
The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.
Achieving The Promise Of Assistive Technology: Why Assistive Technology Evaluations Are Essential For Compliance With The Individuals With Disabilities Education Act, Alexandra Abend
Cardozo Law Review
The note advocates for a more rigorous and proactive approach to incorporating assistive technology (AT) in special education, arguing that it is essential for ensuring students with disabilities receive a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). It critiques the current legal standard established by Rowley as insufficient, calling for a higher threshold that prioritizes maximizing educational opportunities. The analysis emphasizes the importance of comprehensive AT evaluations and the need for systemic improvements to prevent procedural violations and ensure effective implementation of AT in Individualized Education Programs (IEPs).
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley
Cardozo Law Review
No abstract provided.
Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act, Carly Schiff
Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act, Carly Schiff
Cardozo Law Review
No abstract provided.
2016 Cardozo Public Law, Policy, And Ethics Journal Symposium
2016 Cardozo Public Law, Policy, And Ethics Journal Symposium
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein
Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein
Cardozo Public Law, Policy & Ethics Journal
The article argues that lawyers representing individuals with mental disabilities have an ethical responsibility to prioritize their clients' expressed preferences and autonomy, rejecting the presumption that substituted decisionmaking is acceptable. It critiques the legal system's reliance on paternalistic approaches and highlights the importance of supported decisionmaking, as mandated by international human rights law, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the need for legal frameworks and attorney practices to align with therapeutic jurisprudence, which prioritizes psychological well-being and dignity while upholding due process principles.
Social Anxiety Disorder And The Americans With Disabilities Act's Impact On A Professional Athlete's Media Obligations, Matthew Gollub
Social Anxiety Disorder And The Americans With Disabilities Act's Impact On A Professional Athlete's Media Obligations, Matthew Gollub
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement
Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Social Model's Case For Inclusion: "Motivating Factor" And "But For" Standards Of Proof Under The Americans With Disabilities Act And The Impact Of The Social Model Of Disability On Employees With Disabilities, Lisa Schlesinger
Cardozo Law Review
No abstract provided.
A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev
A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev
Cardozo Journal of International and Comparative Law
The note critiques the inconsistent application of the "unable or unwilling" standard in asylum cases, particularly regarding nonstate actor persecution, and advocates for adopting the New Zealand Refugee Status Appeals Authority's standard. This standard focuses on the existence of a real risk of persecution, irrespective of governmental efforts, to align with the Refugee Convention's nonrefoulement principle and better safeguard asylum seekers' rights.
Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen
Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Super Bowl Hero To Bank Account Zero, Scott Hollander
Super Bowl Hero To Bank Account Zero, Scott Hollander
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Frank S. Bloch, Jeffrey S. Lubbers, Paul R. Verkuil
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Frank S. Bloch, Jeffrey S. Lubbers, Paul R. Verkuil
Cardozo Law Review
No abstract provided.
The Deep Pocket Dilemma: Setting The Parameters Of Talk Show Liability, Jason S. Schlessel
The Deep Pocket Dilemma: Setting The Parameters Of Talk Show Liability, Jason S. Schlessel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Law Review, Volume 15, Issue 5
Table Of Contents - Cardozo Law Review, Volume 15, Issue 5
Cardozo Law Review
No abstract provided.
Framing The Compensation Inquiry, Elizabeth Rolph
Framing The Compensation Inquiry, Elizabeth Rolph
Cardozo Law Review
No abstract provided.
Athlete Agent Regulation: Proposed Legislative Revisions And The Need For Reforms Beyond Legislation, Kenneth L. Shropshire
Athlete Agent Regulation: Proposed Legislative Revisions And The Need For Reforms Beyond Legislation, Kenneth L. Shropshire
Cardozo Arts & Entertainment Law Journal
No abstract provided.